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Revocable Living Trust

Answer a few questions to create a professional Revocable Living Trust, ready to edit and sign.

Step 1 of 1918 sections · answer each, then create your document

Where you live and will sign

The signing rules for the trust, the certification of trust and the pour-over will (witnesses, notary, oath) depend on the state. LeaseCraft prepares this package only where it has verified those rules at the official source; for other states it tells you so.

The package is prepared for that state's signing rules and the trust is governed by its laws. If you live in one state and will sign in another, or own real estate in more than one state, talk to a lawyer.

Who is creating the trust

A married couple can create one joint trust together, with a list of each spouse's separate property and of the property they own together. Each spouse also gets a pour-over will. Unmarried partners should each create their own trust.

You (the Grantor)

The Grantor is the person who creates the trust and puts property into it - you.

Use the name exactly as it appears on a government-issued ID, including any middle name or suffix.
The county where this address is. Leave blank if you are not sure.

Your spouse (the Co-Grantor)

Your spouse creates the joint trust with you and signs it with you.

A few facts about you

Only an adult who understands what the trust does should sign it. If someone is pressuring you, do not sign.
Include adopted children. For a joint trust, include the children of either spouse.

The trust

Usually your name (or both spouses' names) followed by "Revocable Living Trust". Use the same name on Schedule A, the certification, the pour-over will and when you retitle accounts and property.

Trustees

The trustee manages the trust property. Most people serve as their own trustee while they are able to, and name a successor trustee to take over at their incapacity or death.

The first trustee

Your successor trustee

The successor trustee takes over when the first trustee (or, for a joint trust, both of you) can no longer serve, and distributes the trust property after death. Choose an adult you trust completely.

Use the name exactly as it appears on a government-issued ID, including any middle name or suffix.
The county where this address is. Leave blank if you are not sure.

A backup successor trustee

The alternate serves if your successor trustee dies, resigns or cannot serve.

Your alternate successor trustee

Incapacity and trustee pay

A court finding of incapacity also counts.
Either way, a trustee is reimbursed from the trust for reasonable expenses.

Who receives the trust property at death

After your death (for a joint trust, after the death of the surviving spouse) the successor trustee pays final expenses, makes any specific gifts, and distributes the rest as you choose here.

A person or a charity. If you leave this blank, the property passes to your heirs, as the trust describes.

Specific gifts (optional)

A specific gift is a particular item or amount that goes to a particular person before the rest is divided.

Young beneficiaries

If yes, a beneficiary under that age does not receive their share outright; the trustee holds it for their health, education and support until they reach the age you choose.

Your pour-over will

The package includes a pour-over will for you (and, for a joint trust, one for your spouse). It gives anything left outside the trust at death to the trustee, and names a personal representative (executor) and, if you have minor children, a guardian.

For a joint trust, each spouse's will names the other spouse first, then this person.

Schedule A - property for the trust

List the property you are putting into the trust, one item per line (for example "Checking account ending 4821 at First Community Bank" or "Home at 14 Harbor View Road"). Do not list full account numbers. You can add items by hand before signing. Listing property here is only part of funding the trust: the funding instructions explain how to retitle it.

Special instructions

Wishes and guidance for the trustee. For anything complex (a beneficiary with special needs, business interests, tax planning), talk to a lawyer.

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